A TREATISE ON THE MEASURE OF DAMAGES, OR, AN INQUIRY INTO THE PRINCIPLES WHICH GOVERN THE AMOUNT OF PECUNIARY COMPENSATION AWARDED BY COURTS OF JUSTICE Read & Download for free Book by Arthur George 1844 1915 Sedgwick

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The Supreme Court of Pennsylvania held this to be error, on the ground that ordinary contracts of hiring and contracts for the performance of some specific undertaking cannot b.e gov- erned by the same rule; that in the one case the party can " Costigan v. Mohawk & H. R. R., 2 is the value of the contract, i. e., the Den. (N. Y.) 609, 43 Am. Dec. 758, n. value of his whole time, must not all 2' Hartland v. General Exchange actual earnings be deducted?
Bank, 14 L. T. Rep. 863. ' " Strauss v. Mee...rtief, 64 Ala. 299, 38 ^* Sheffield v. Page, 1 Sprague, 285; Am. Rep. 8.
but qucere, as to the last point: if he ac- *" Wolf v. Studebaker, 65 Pa. 459.
tually earned it, since what he recovers 394 AVOIDABLE CONSEQUENCES § 208a earn no more than the wages, and if he gets that his loss will be but nominal; whereas, in the other case, the loss of the party is the loss of the benefit of the contract. To apply the doctrine of avoidable consequences to such cases would "involve proof of everything, great and small, no matter how various the items done by the plaintiff during the period of the contract might be, and how much he made in the mean- time." Besides this, in analogy with the principle of proxi- mate cause, it was said that whatever is to have the effect of lessening the plaintiff's damages should have some proximate relation to the contract itself.^' The value of such contracts as these does not lie in the value of plaintiff's time, as they are usually capable of performance through sub-contracts.

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